57Individual scope of practice may be changed or registration or practising certificate may be suspended because of mental or physical condition

1. Subsection (2) applies if a social worker has been given a notice under section 55, and—

2. either—
   1. the social worker attended for examination as required by the notice, and the Registrar has received a written report on the social worker's mental and physical condition from the medical practitioner named in it; or
   2. the social worker did not attend for examination as required by the notice; and
3. the Registrar has given the social worker notice that the social worker has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
4. the Board has given the social worker that opportunity; and
5. the Board considers that the matter should be dealt with urgently.

6. If this subsection applies, the Board—

7. must consider all the relevant circumstances of the case (including any report received from the medical practitioner named in the notice, whether or not the social worker attended for examination within the time required by the notice); and
8. may give the Registrar a direction to—
   1. make either or both of the following changes to the social worker’s individual scope of practice as the Board thinks fit:
      1. change the social work service or services that the social worker is permitted to perform or not permitted to perform:
      2. include a new condition or cancel or vary an existing condition; or
   2. suspend the social worker's registration or practising certificate for a period that the Board considers is reasonably necessary to protect the public.

9. The Board must not give a direction unless—

10. it is satisfied that—
    1. the social worker is unable to satisfactorily perform the functions required to practise as a social worker; and
    2. it is necessary to do so, having regard to the need to protect the health and safety of members of the public; or
11. it has been unable to decide whether the social worker is able to practise satisfactorily as a social worker, because the social worker did not attend for examination as required by the notice concerned.

12. The Board must not give a direction under subsection (2)(b)(i) unless it is satisfied that, in addition to the matters in subsection (3), the social worker will be able to satisfactorily perform the functions required to practise as a social worker if they do so in accordance with the proposed change to their scope of practice.

13. The direction must—

14. be in writing; and
15. state the reasons for which it has been given; and
16. be signed by the chairperson.

17. The Registrar must take all reasonably practicable steps to ensure that a copy of the direction is given to the social worker within 5 working days after the day on which it is given.

18. The direction does not take effect until—

19. the day on which the social worker is given a copy (see section 145); or
20. a later day stated in it.

21. A person exercising the person’s right to be heard personally is entitled to be accompanied by 1 person of the person’s choice who agrees to attend.

22. The Board may permit a person exercising the person’s right to be heard personally to be accompanied by any number of people of the person’s choice who agree to attend, in addition to the person by whom the person is entitled to be accompanied by subsection (7).